[Ord. No. 1251 §1(201), 10-15-2002]
A.
Unless
otherwise expressly stated, the following rules shall apply in interpreting
this Chapter.
1.
Words used in the present tense shall also include the future tense.
2.
Words used in the singular number shall also include the plural and
vice versa.
3.
The word "shall" is mandatory and not discretionary.
The word "may" is permissive.
4.
The words "used" or "occupied" shall
be construed to include "intended, designed or arranged to
be used or occupied".
5.
The word "person" includes individuals, firms, corporations,
associations, governmental bodies and agencies, and any other similar
entities.
6.
Unless otherwise specified, all distance shall be measured horizontally.
7.
Where reference is made to the regulations, it shall be construed
to mean the regulations as originally passed in this Chapter and all
subsequent amendments, supplements and revisions.
[Ord. No. 1251 §1(202), 10-15-2002]
For the purposes of this Chapter, terms shall have the meanings
herein indicated. Where words have not been defined, the standard
dictionary definition shall prevail.
A measure of land containing forty-three thousand five hundred
sixty (43,560) square feet.
Except as otherwise specifically provided, primary responsibility
for administering and enforcing the Branson West Subdivision Regulations
may be assigned by the Board of Aldermen to one (1) or more individuals
in the employ of the City. The person or persons to whom these functions
are assigned shall be referred to as "Administrative Official".
A dedicated public right-of-way, other than a street, designed
to extend only secondary access to the side or rear of those properties
whose principal frontage and access is on some other street.
A person, firm, partnership or corporation submitting an
application for a simple land development, plat, amendment, variance
or appeal or appeal as required by this Chapter.
A parcel of land intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or greenways, rural land or drainage
channels, or a combination thereof.
The Governing Body of the City of Branson West, Missouri.
A land area containing trees, shrubs and other plants, berms,
fences or walls used to separate one use from another, or to block
noise, lights or other nuisances.
The portion of a lot remaining after required yard setbacks
have been provided.
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons, animals, or property of any
kind, and which is permanently affixed to the ground.
A line or lines indicating the distance from the property
line behind which all enclosed portions of the building must be located.
The City of Branson West, Missouri.
The Planning and Zoning Commission of the City of Branson
West, Missouri.
Land or water, or a combination thereof, within or related
to a planned residential development, not individually owned or dedicated
for public use, which is designed and intended for the common use
or enjoyment of the residents of the development. It may include complementary
structures and improvements approved as part of the general development
plan. Common open space does not include streets, alleys, off-street
parking or loading areas for public use.
The Branson West Comprehensive Plan, adopted by the Planning
and Zoning Commission, containing analysis, recommendations and policies
for the development of the City, including land use, transportation,
community facilities, housing and economy.
A building, group of buildings or property in which units
are owned individually and the common elements are owned by all the
owners on a proportional, undivided basis.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
The mean level of the curb in front of the lot, or in the
case of a corner lot, along that abutting street where the mean curb
grade is the highest.
The legal or beneficial owner or owners of a lot or any land
included in a proposed development, or the duly authorized agent thereof.
Also the holder of an option or contract to purchase, a lessee having
a remaining term of not less than forty (40) years, or any other person
having enforceable proprietary interest in such land shall be deemed
to be a developer for the purpose of this Chapter.
A construction project involving substantial property improvement
and, usually, a change of land use character within the site; the
act of using land for building or extractive purposes.
A grant by the property owner for the public or private use
of a tract of land for specific purposes.
A registered professional engineer in good standing in the
State of Missouri.
The applicant's or developer's engineer.
That part of a lot or premise immediately adjacent to a street
or streets without regard to access to, or elevation of, the street
or streets.
The average level of the finished surface of the ground is
the sidewalk elevation. If there is more than one (1) street, an average
sidewalk elevation is to be used. If there is no sidewalk, the finished
grade shall be equal to the street centerline grade.
Physical construction or changes, such as clearing, grading,
street surfacing, curbs and gutters, sidewalks, crosswalks, culverts,
bridges, water and sanitary sewer lines, storm sewer facilities, other
utilities, and other required features.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
A lot abutting on two (2) or more streets at their intersection.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The front of a lot shall be considered to be that side of
the lot that fronts a street. In the case of a corner lot, the narrowest
side fronting on the street shall be considered to be the front of
the lot.
A lot other than a corner lot.
A boundary line of a lot.
The lot line separating a lot from the street. On a corner
lot, the shortest lot line abutting a street is the front lot line;
on a through lot, both lot lines abutting the streets are front lot
lines; on an irregular shaped lot, the front lot line is the lot line
most parallel to the abutting street.
Any lot line not a front or side lot line. The rear lot line
for a triangular shaped lot shall be a line ten (10) feet long drawn
between the lot's side lot lines and parallel to the front lot line.
The lot lines that intersect with a lot's front lot line.
A lot, which is part of a recorded subdivision or a parcel
of land on a plat or deed, which has been recorded by the Stone County
Recorder of Deeds.
A subdivision of a recorded lot into two (2) or more parcels.
The mean horizontal distance between the side lot line of
a lot measured at right angles to the depth; or the same distance
measured at a point midway between the front lot line and the rear
lot line; or at the rear lot line of the required front yard (building
line, especially on irregularly shaped lots).
The person, corporation, or other legal entity listed as
owner of a lot on records of the Stone County Recorder of Deeds.
A specifically paved or marked path for pedestrians.
A tract of land under single ownership, planned and developed
as an integral unit, and consisting of a combination of residential
and non-residential uses or for a planned residential development,
a combination of residential uses and densities.
The final plat, plan or drawing and any accompanying required
data or information that is submitted to the Planning and Zoning Commission
and the Board of Aldermen for final approval of a proposed subdivision.
The preliminary or tentative plat or plan, map or drawing
on which the layout and design of a proposed subdivision is submitted
to the Planning and Zoning Commission and the Board of Aldermen for
consideration and tentative approval.
Maintained for or used by the people of the City of Branson
West on a non-commercial basis.
The installation, construction, addition or betterment of
any new physical development dedicated to or intended for public use,
such as streets and sidewalks, utilities, drainage facilities, etc.
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
A walk for pedestrians at the side of a street.
Land development that does not involve the subdivision of land, in accordance with the provisions of Article IV of this Chapter.
A preliminary drawing of the tentative layout of a proposed
development.
A public or private way used or intended to be used for passage
or travel by motor vehicles.
A street intended to provide for high-volume, moderate-speed
traffic movement through the community and between major activity
centers. Access to abutting property is subordinate to the flow of
traffic and entrances and exits to the arterial are subject to control.
A street that collects and distributes traffic to and from
local streets and arterial streets, and is intended to provide for
low to moderate-volume and low-speed, shorter length trips. The function
of traffic movement and property access are balanced.
A dividing line between a lot, parcel or tract and a contiguous
street.
A street intended to provide access to abutting property
and designed for low-volume, low-speed traffic.
The horizontal distance between the outside edges of a street's
pavement, including any curbing and guttering, measured at right angles
to the street's centerline.
Any person, firm, partnership, corporation or other entity,
acting as a unit, subdividing or proposing to subdivide land herein
defined.
The division of any tract of land into two (2) or more tracts,
any of which contain less than ten (10) acres or which involves public
street dedication.
Any subdivision other than a minor subdivision.
A subdivision that does not involve any of the following:
A registered land surveyor in the State of Missouri.
A lot. The term tract is used interchangeably with the term
lot, particularly in the context of subdivisions, where one (1) "tract"
is subdivided into several "lots".
Land in its natural state before development.
A grant of permission that permits the recipient to not comply
with a specific provision of this Chapter, granted because of the
practical difficulties or unnecessary hardship that would be imposed
by the strict application of that provision of the Chapter.
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the City of
Branson West.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard or
the depth of a front yard or a rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof. On corner lots the front
yard shall be considered as parallel to the street upon which the
lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projection
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main buildings or any projections thereof.
The City of Branson West Zoning Regulations.
